MANAMOHAN BISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is functioning as Assistant Professor, Department of Clinical Haematology on deputation basis at SCB Medical College & Hospital, Cuttack, has filed this writ petition to quash e-notification No.2832/PSC dtd. 28/4/2021 under Annexure-9 pertaining to Roll No.100102 & Registration ID No.111819250955 rejecting his candidature and to direct opposite party no.5 to consider his candidature so as to declare him as duly selected candidate for the post of Assistant Professor (Super Specialty) in the discipline of Clinical Haematology as per the advertisement no.11 of 2018-19 and recommend his candidature as a selected candidate to the State Govt., Health & Family Welfare Department-opposite party no.1 for his consequential appointment along with all service benefits at par with similarly situated persons in other discipline & department, who have been selected and appointed in their respective posts.

(2.) The factual matrix of the case, in brief, is that the petitioner acquired MBBS qualification from SCB Medical College & Hospital, Cuttack in the year 2005 and thereafter Post Graduate Degree in Pathology in the year 2016. While he was working as LTRMO (Leave Transfer Relieve Medical Officer) in the District Headquarter Hospital, Jajpur, he was selected as Senior Resident and vide order dtd. 25/7/2017, he was posted as Senior Resident in the department of Clinical Haematology at SCB Medical College and Hospital, Cuttack, pursuant to which he joined on 21/7/2017, which was duly accepted by the authority. After joining in the said department, he discharged his duty and gained experience on special training in Clinical Haematology from 5/9/2016 to 19/12/2016 and 27/1/2017 to 27/11/2018 and thereby, he has acquired special training of two years four months and 14 days.

(3.) Odisha Public Service Commission (OPSC)- opposite party no.5 issued an advertisement on 9/8/2007 in the cadre of Odisha Medical Health Services, Class-II, (Group-B) for selection and appointment of Assistant Surgeon, pursuant to which the petitioner was selected and appointed on regular basis and posted at Dhualpur PHC (N) against the vacant post of Medical Officer in Class-II (Group-B) of the State Medical Health